Are common law and domestic partnership the same thing?

[Cluostari]

I'm from the states and filing to live here with my gf(a citizen) through common law sponsorship inside Canada. We're in Nova Scotia and I called to ask about filing for common law. While they don't have common law, they do have domestic parterniship which I assume is pretty much the same thing. Is it? Should we get it to show that we're common law?

An unrelated question as well if anyone knows the answer - Can I get a work permit/visa while the application is pending?

 

[scylla]

For Canadian immigration purposes, common law means that you have lived together for at least one full year.

If you are applying inland, you should submit an open work permit application with your application package. Once you pass first stage approval (9-10 months), you will be able to work.

If you are applying outland, you won't be allowed to work until your application has been approved and you have landed in Canada as a PR.

Another option is to look for an employer in Canada. This involves finding an employer who is willing to hire you and is also willing to go through the Labour Market Opinion process to prove that they couldn't find a Canadian to do the job (and therefore need to hire you).

 

[Cluostari]

For Canadian immigration purposes, common law means that you have lived together for at least one full year.

Should I still get the declaration of domestic partnership? If for nothing else then to help show that we're serious?

 

[scylla]

Should I still get the declaration of domestic partnership? If for nothing else then to help show that we're serious?

Can't harm!

 

[Cluostari]

Also, does the first stage really take that long? I was under the impression the entire process took about that time.

 

[scylla]

If you apply inland, first stage takes a minimum of 9 months (although it seems that most people are hitting closer to 10 months these days). See here for time lines. They are currently working on applications that were received August 13th, 2010.

http://www.cic.gc.ca/english/information/times/perm-fc.asp

Second stage can take anywhere from a few days to over 9 months. (Officially, the processing time for the second stage is 9 months. See link provided above.)

 

[Cluostari]

What if I apply from outland? DO I have to be back in the states where Im from white it's processed? Can I apply for the work permit once the first stage is completed that way since it's quite a bit shorter to wait and then come back into Canada and work/wait? Or would I have to be back the states until it was all approved and then move back to Canada as a permanent resident?

 

[scylla]

For outland, the stages are different. You don't qualify to work with outland until you have been approved as a PR and have landed in Canada. So no - for outland, you cannot apply for a work permit once the first stage (sponsor approval) is complete.

If you are American, you are far better off applying outland (way faster). You can be in Canada as a visitor while your application is being processed. If an interview is required, it will be held in the US.

Hope this helps.

 

[Cluostari]

What are the chances I'll need to interview? Will it be in my home state? How much of an advanced warning will I get?